Appeal No. 2000-0484
Application No. 08/677,401
paragraph of 35 U.S.C. § 112. All of these claims call for
machining the top plate and for machining the bottom plate,
while claim 34 also recites machining at least one view port
hole. We find no disclosure in the application as filed of
"machining" the top plate 304, bottom plate 306 or the view
port holes 308. Moreover, we do not consider that the
disclosure as filed would have made it clear to those skilled
in the art that appellants were in possession of this claimed
feature, particularly since it does not appear inherent that
the top plate, bottom plate and view port holes would have to
be made by "machining," but apparently could be made by other
methods, such as investment casting. Claim 34 further recites
that the top plate has a "grooved stepped lip," but we find no
description in the application as filed of lip 402 as being
"grooved."
Conclusion
The examiner's decision to reject claims 1, 3 to 17, 21
and 23 to 34 is reversed. Claims 1, 3 to 17, 21, 23, 24 and
26 to 34 are rejected pursuant to 37 CFR § 1.196(b).
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b) (amended effective Dec. 1, 1997, by final
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